Sentences with phrase «judicial intervention based»

The state constitutions» education clauses also raise questions about the appropriateness of judicial intervention based on separation of powers.

Not exact matches

That he had the foresight to bring his laptop computer to court, and defense counsel did not, simply can not serve as a basis for judicial intervention in the name of «fairness» or maintaining «a level playing field.»

Justice Stratas grants Alberta's application to intervene on the presumption that the Crown represents the interest of Albertans in the proceedings (at paras 11 - 27) and denies the application to intervene made by the Tsartlip First Nation on the basis it is really an application for judicial review under the guise of an intervention and its submissions would be duplicative of existing parties (at paras 35 - 54).

It needs to explain the basis on which intervention decisions are made, and the function that interventions serve in judicial decision - making.

It's interesting that the practice of affording witnesses the opportunity of concealing their identity at trial is one borne of judicial ingenuity or a sense of pragmatism, rather than based upon any legislative intervention.

In outlining its reasons, the Court stated that «the class action is designed to facilitate authors» access to justice while preserving judicial resources and, where appropriate, to effectively sanction acts that would otherwise remain protected from judicial intervention because of the low level of injury when assessed on an individual basis.

(b) Collaborative law is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage dispute on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

Collaborative Divorce is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage disputes on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

Judicial responses to alienation include: ordering an assessment; ordering supervised access on a permanent basis; intervention in the early stages of the dispute, before the problem has had time to become «true» alienation, or in the early years of a child's development; changing custody on a temporary basis; determining whether «pure» or «mixed» alienation is taking place; keeping the courts involved; suggesting counselling; making a finding of contempt; making a no - contact order; involving the Children's Aid Society; not making a parallel parenting order; meeting with the children; and in extreme cases, putting the alienating parent's actions on court record, in hopes that if the child revisits the issue as an adult, they may be able to see what actually took place.

A judicial use of adult self - harm literature may be sensible in the absence of evidence - based interventions for adolescents.